#RealEstate #PropertyLaw #Texas #FamilyIssues
Hey, everyone! 👋 So, I recently found myself in a bit of a sticky situation with my mom over the house we bought together in Texas. Here’s the deal:
– Originally, the plan was for me and my mom to live in this house together. But things took a turn when her boyfriend and his kids moved in, and now it’s pretty clear that it’s more for them than for us.
– I only signed on to help boost my mom’s credit during the purchase, not to be tied to a property that I don’t feel connected to anymore.
– So, here’s my question: is there any way for me to get my name off the property and clear myself of any debt related to it?
I’d love to hear from anyone who has been in a similar situation or has knowledge about property law in Texas. Any advice or insights would be greatly appreciated! 🏡💬 #LegalAdvice #HelpNeeded #PropertyOwnership
Are you on the deed, or just the mortgage?
Your options are dependent on whether you are on the deed or the deed and mortgage both. Did you put any money down?
All that matters is whether you are on the deed. If you are an owner, you can petition the court to partition the property by sale. If you prevail, the property will be sold, the mortgage and taxes paid off, and you’ll get a portion of the net proceeds.
You should consult with a general civil litigation attorney for the best advice.
Since op mentions credit, it definitely sounds like op is on the mortgage. I sincerely hope that deed as well or they’re screwed.
You cannot just “get your name off the property”. If you are on the deed and mortgage you have to sell the house and get the current mortgage paid off. This could be an off-market sale to your mother (if she has the ability to buy you out and get a new mortgage in her name only), an on market sale (if your mother is willing to cooperate), or a forced sale by legal process, which is typically called a partition proceeding (if your mother is unwilling to cooperate). Forced sales typically yield a lower price. If you are just on the mortgage and not also an owner of the house, you are essentially at the mercy of your mother to refinance and get a new mortgage that you are not responsible for.
My biggest concern is that in addition to the credit boost you provided, she’ll also expect you to pay the mortgage when her new family doesn’t have the money or isn’t willing to pay. They obtained this house under false pretenses, telling you one thing when something else is going on. You might need to talk to the financial institution holding the mortgage to ask how you can be taken off. I’m guessing the boyfriend’s credit isn’t good enough to be on with your mother. Be prepared to talk with a lawyer, because if she’s unwilling you might end up having to force sale of the house to get out of this mess.
If you’re on the deed, I wonder if you are able to evict the boyfriend and his children? It would be with asking when you talk with an attorney. The last resort, if you have no other options, is to go rogue. Move a bunch of your friends in. Move his kids into one room so your friends have a room. Be loud & obnoxious when they are sleeping or watching TV. Eat all of the food. When mom makes a meal, all of the ‘family’, meaning you & your friends should sit down at the table chow down. Take up all of the parking. Always be doing laundry. Leave dishes in the sink. Or when y’all wash only do y’alls. When y’all cook, cook just for your group. When your mom tells you that you can’t be doing that, tell her she basically did it to you and lied to you. That is the only reason she has the house is bc you have better credit than her & she’s been unwilling to work with you to get you out of the situation. So since you’re the one that had the good credit that got you the house, it’s more yours, and you are going to live in it how you need to. Maybe she’ll agree to sell it or buy you out. But again, this is the last option.